9thIDdoc
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- Aug 8, 2011
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I am very much unsure why you quoted me because this post is entirely off the subject of the GI Bill or the WWII era and I do not understand the point you are trying to make.Negative. Individuals have rights. Identities do not. Hate crimes and what not are only there to show "WHY" someone did something. It is especially heinous when someone commits a crime out of prejudice and bigotry. It has nothing to do with the identity itself. They are there to show that it's highly likely the person in question is not logical, and need extra time or perhaps education in which to regain their ability to come back to normal society."The Codification of Racism: Blacks, Criminal Sentencing, and the Legacy of Slavery in GeorgiaDate Written: February 17, 2009Abstract
The passage of the 13th Amendment to the United States Constitution in 1865 made the defeat of the southern Confederate army by the northern Union forces final and binding. It reads simply that: "Neither slavery nor involuntary servitude, except as punishment for a crime whereof a party shall have been duly convicted, shall exist within the United States, or any place subject to its jurisdiction." The 13th Amendment memorialized the efforts of slaves, free persons of color, and other abolitionists to bring about freedom and equality. While it was a blessing for free people of color, it was a curse for Southern legislators. The theatre of the Civil War between the northern and southern United States was the South. As a result, southern land was scorched and devastated, and the infrastructure was severely damaged. In short, southern states had much work to do, but lacked a workforce that was legally compelled to do it. Almost immediately, southern legislators seized upon the opportunity to use the exception to the 13th Amendment to their advantage. Using the exception, Georgia's legislators developed their criminal code to suit the South's economic condition.Georgia's legislative manipulation of the 13th Amendment served to reinforce and perpetuate notions of Black criminality in the many incarnations of its criminal code. Throughout the 19th Century, the State legally constructed Blackness to support claims of African American criminality, ineptitude and laziness. Moreover, state interpretations of the 13th Amendment wrote protections for African Americans out of the law in a manner that preserved White supremacy and allowed the abuses of the convict leasing and labor system. Perhaps most significantly, the historical and legal changes that occurred in the 19th century shaped Georgia's criminal sentencing laws well into the 21st Century. The end result has been disproportionate incarceration rates for Georgia's African American community. Through an historical exploration of Georgia's criminal codes and sentencing provisions, this article seeks to examine how autonomous political entities, such as the United States and Georgia legislatures, changed their strategies over time to replicate racist practices and maintain racially hegemonic legal structures. This article was written to address the absence of scholarship on the 13th Amendment exception in discussions of disproportionate minority incarceration. It was also written to address the inability or unwillingness of the United States Supreme Court to understand how autonomous political entities maintain power over oppressed groups over time. This article provides an example of the racism imbedded in anti-discrimination laws, by virtue of our Nation's legal history, an examines how current anti-discrimination doctrine is not broad enough to address the codification of racism."